ILR/PR for my non EEA Spouse

[solex]

Hi,

I am a Spanish citizen & my wife is from Pakistan. We have been living together for well over 5 years and been married for 4 years and 5 months. We applied for my wife's EEA dependant residence permit when we got married and she was given a 5 years permit. I have a couple of queries if someone could please help me out with those queries.

1. Could my wife now apply for a PR/ILR as we have been living together for well over 5 years (8 months of which as unmarried partners & the rest as Married couples), we also have a son, who has a British passport as I had applied and was granted a PR in December 2006, as I had been in the UK for well over 8 years.

2. My wife has been involved in a drink driving incident and because the reading wasn't too high she was fined £160 + £50 costs, along with a 12 months ban (reduced to 9 months as she attended the rehab course). She was convicted back in November 2006. Would this conviction affect her application for PR/ILR?

Apologies for such a lengthy message but I had to ensure that I explain myself and cover everything.

Many thanks in advance,
Z